FAR 4.2103—Procedures.
Plain-English Summary
FAR 4.2103 explains the procedures contracting officers use when an offeror or contractor makes certain representations or reports related to prohibited telecommunications and video surveillance equipment and services. It covers how to handle “does not” and “does” answers in the representations at 52.204-26 and 52.212-3, when a contracting officer may rely on those answers, when the officer must follow agency procedures because there is reason to question them, and when additional representations or disclosures are required under 52.204-24. It also addresses what to do when a contractor submits a report under the clause at 52.204-25. In practice, this section is about screening, escalation, and documentation: the contracting officer can often accept a negative representation at face value, but affirmative answers trigger further required disclosures and agency review. The rule helps agencies identify supply chain and ownership risks tied to covered telecommunications and video surveillance equipment and ensure the government does not contract in violation of the prohibition. It also creates a clear workflow for contracting officers so they know when to rely on the offeror’s statement and when to route the matter through agency-specific procedures.
Key Rules
Negative answers may be relied on
If the offeror selects “does not” in the specified representation provisions, the contracting officer may rely on that representation unless there is a reason to question it. If there is reason to question the answer, the contracting officer must follow agency procedures.
Affirmative answers trigger more disclosure
If the offeror selects “does” for the covered telecommunications or video surveillance questions, the offeror must complete the corresponding representation in 52.204-24. An affirmative answer is not the end of the inquiry; it requires additional information or disclosure.
Further review for certain 52.204-24 answers
If the offeror answers “will not” or “does not” in the specified parts of 52.204-24, the contracting officer may rely on those representations unless they are questionable. If questioned, agency procedures apply.
Required information for “will” or “does” answers
If the offeror answers “will” in 52.204-24(d)(1), it must provide the information required by 52.204-24(e)(1). If the offeror answers “does” in 52.204-24(d)(2), it must complete the disclosure required by 52.204-24(e)(2), and the contracting officer must follow agency procedures.
Contractor reports require agency procedures
If a contractor submits a report under paragraph (d) of the clause at 52.204-25, the contracting officer must follow agency procedures. The regulation does not prescribe the substantive steps here; it directs the matter into the agency’s established process.
Responsibilities
Contracting Officer
Review the offeror’s representations and determine whether the answers can be relied on. If the answer is negative and there is no reason to question it, the officer may rely on it; if there is reason to question it, the officer must follow agency procedures. For affirmative answers, the officer must ensure the required additional representation or disclosure is completed and then route the matter through agency procedures as required.
Offeror
Make accurate selections in the applicable representation provisions. If the offeror answers “does” where the rule requires additional action, it must complete the corresponding representation or disclosure in 52.204-24 and provide any required information.
Contractor
If submitting a report under 52.204-25(d), provide the report in accordance with the clause so the contracting officer can process it under agency procedures.
Agency
Apply its internal procedures whenever the contracting officer has reason to question a representation, when affirmative answers require additional review, or when a contractor report is submitted under 52.204-25(d). The agency’s procedures govern the follow-up actions not spelled out in this section.
Practical Implications
A negative representation is often enough to move forward, but only if nothing suggests it may be unreliable. Contracting officers should be alert for inconsistencies, prior disclosures, or other facts that create a reason to question the answer.
Affirmative answers are a red flag for additional processing, not an automatic disqualifier. They require the offeror to complete the related representation or disclosure and usually trigger agency-level review.
This section depends heavily on cross-references to other FAR provisions, so users must read 52.204-24, 52.204-25, 52.204-26, and 52.212-3 together to understand the full workflow.
The rule does not spell out the agency procedures; those procedures may vary by department or agency. Contracting officers should know their local process before they need it.
A common pitfall is treating the initial representation as the final answer when the regulation requires follow-on disclosure. Another is failing to escalate questionable representations promptly, which can create compliance and award risk.
Official Regulatory Text
(a) Representations. (1) (i) If the offeror selects "does not" in paragraphs (c)(1) and/or (c)(2) of the provision at 52.204-26 or in paragraphs (v)(2)(i) and/or (v)(2)(ii) of the provision at 52.212-3 , the contracting officer may rely on the "does not" representation(s), unless the contracting officer has reason to question the representation. If the contracting officer has a reason to question the representation, the contracting officer shall follow agency procedures. (ii) If the offeror selects "does" in paragraph (c)(1) of the provision at 52.204-26 or paragraph (v)(2)(i) of the provision at 52.212-3 , the offeror will be required to complete the representation in paragraph (d)(1) of the provision at 52.204-24 . (iii) If the offeror selects "does" in paragraph (c)(2) of the provision at 52.204-26 or paragraph (v)(2)(ii) of the provision at 52.212-3 , the offeror will be required to complete the representation in paragraph (d)(2) of the provision at 52.204-24 . (2) (i) If the offeror selects "will not" in paragraph (d)(1) of the provision at 52.204-24 or "does not" in paragraph (d)(2) of the provision at 52.204-24 , the contracting officer may rely on the representations, unless the contracting officer has reason to question the representations. If the contracting officer has a reason to question the representations, the contracting officer shall follow agency procedures. (ii) If an offeror selects "will" in paragraph (d)(1) of the provision at 52.204-24 , the offeror must provide the information required by paragraph (e)(1) of the provision at 52.204-24 , and the contracting officer shall follow agency procedures. (iii) If an offeror selects "does" in paragraph (d)(2) of the provision at 52.204-24 , the offeror must complete the disclosure at paragraph (e)(2) of the provision at 52.204-24 , and the contracting officer shall follow agency procedures. (b) Reporting . If a contractor provides a report pursuant to paragraph (d) of the clause at 52.204-25 , Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment, follow agency procedures.